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Legal Advice on Statutory Wills

 

It is hugely important to make a will, and once you have done so, it’s natural to review your arrangements as you get older and your circumstances change.

If someone has lost the mental capacity to manage their own affairs, it is highly unlikely they will be able to review their will or make a new one if they have not yet made a will at all.

It is not legally possible for anyone to make a will on somebody else’s behalf, even if they have been formally appointed as a deputy by the Court of Protection or granted a Power of Attorney. Instead, a specific application has to be made to the Court of Protection under the Mental Capacity Act 2005 for authority to make a will for them.

A new will can only be made where it is proved to be in that person’s ‘best interests’, but that very much depends on the individual circumstances of each case. The Court has to consider a variety of factors, including those that the person lacking capacity would take into account if he or she were able to do so.

The complicated nature of these applications means that proceedings can become contested if different family members have competing financial interests.

So a Statutory Will application is rarely straightforward and it is vital to take legal advice from a professional Court of Protection Solicitor who specialises in this type of work. The legal costs of a successful application are usually paid from the funds of the person lacking capacity.

Lanyon Bowdler has its own specialist Court of Protection team, and is one of the very few legal practices in the area to do so. Our expert solicitors deal with lots of applications each year and have the necessary experience to advise you on the procedure from start to finish.

Contact Lanyon Bowdler

Give us a call or complete our online enquiry form, to see how we can help. We have offices in Telford, Shrewsbury, Oswestry, Ludlow, Bromyard, Hereford and Conwy, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands.

Please contact Neil Davies, Head of Court of Protection, or one of his team for a friendly chat about how we can help.

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A very personal service with kind helpful start.

- Dr S Robertson, London

Listened well, advised well.

- Gower House Ltd, Newport

Straight forward and relevant advice relating to Wills

- Mr & Mrs Walton, Shrewsbury

He was great, he listened and suggested the best course of action - thank you.

- Mr T Graves, Shrewsbury

Great communication and persistence with difficult defendant.

- Mr J Partington, Whitchurch

Quotes

Using Lanyon Bowdler twice for two separate issues being completely different. Both were dealt with complete efficient manner, my questions were always answered with honesty and explaination.

- Mr G Martin & Mrs L Rees, Bromsgrove

The welcome at reception and the relaxed atmosphere when discussing things with the person handling the sale of my property.

- Mr W Ward, Oswestry

Direct line to acting solicitor.

- Mr H Williamson, Llansantffrraid

Thank you to Steve Scully for helping me in the worst moments. He used humour to keep me uplifted, never got fed up with the millions of questions I asked, and ultimately helped me win the case.

- Ms P Ryder, Shrewsbury

The use of clear modern language and presentation with legal jargon kept to a minimum where possible.

- Mr P King & Mrs D King, Prestigne